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Wayne Overview
Wayne, Michigan Code of Ordinances
WAYNE, MICHIGAN CODE OF ORDINANCES
CERTIFICATION
DIRECTORY OF OFFICIALS
COMPARATIVE SECTION TABLE
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
TITLE TWO - Business Regulation
CHAPTER 800 Theft Prevention of Alcoholic Beverages
CHAPTER 802 Police Alarms
CHAPTER 804 Billiard Rooms and Bowling Alleys
CHAPTER 807 Cable Communications Regulatory Ordinance
CHAPTER 808 Cable Telecommunications Systems
CHAPTER 809 Cable Television Franchises and Cable Systems
CHAPTER 810 Casual Sales
CHAPTER 812 Christmas Tree Sales
CHAPTER 814 Commercial Antenna Towers
CHAPTER 816 Drive-In Restaurants
CHAPTER 818 Electric Utility Franchises
CHAPTER 820 Fortunetelling
CHAPTER 822 Massage Establishments
CHAPTER 824 Gas Stations
CHAPTER 828 Ice Cream Vendors
CHAPTER 830 Pawnbrokers
CHAPTER 832 Materials Recovery Operators and Materials Recovery Facilities
CHAPTER 834 Precious Metal and Gem Dealers
CHAPTER 836 Medical Marijuana Dispensaries
CHAPTER 838 Medical Marihuana Facilities
CHAPTER 840 Mechanical and Electronic Amusement Devices
CHAPTER 844 Motorcycle Rental Agencies
CHAPTER 858 Shelters for the Homeless
CHAPTER 860 Public Shows, Carnivals, Circuses, Revivals, Public Assemblies and Exhibitions
CHAPTER 864 Solicitors, Canvassers and Vendors
CHAPTER 866 Solid Waste Haulers
CHAPTER 868 Taxicabs
CHAPTER 869 Telecommunications
CHAPTER 870 Telecommunications Systems
CHAPTER 872 Vendors
CHAPTER 882 Blight Regulations for Commercial Areas
CHAPTER 884 Temporary Signage During Construction
CHAPTER 885 Temporary Signage "A"-Frame Signs
CHAPTER 886 Liquor License Management
CHAPTER 888 Mobile Food Service Establishments
TITLE FOUR - Taxation
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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886.06 PERMITS AND TRANSFER OF OWNERSHIP.
   (a)   Permits. New request for permits for dance, entertainment, or dance and entertainment shall be reviewed by the LLRC and approved in the sole discretion of the City Council after an evaluation of the factors listed in Section 886.09 and payment of the application inspection fee. The City reaffirms its longstanding policy of not considering request for topless entertainment permits.
   (b)   Transfer of Ownership. Request for transfer of ownership of existing licensed establishments shall be reviewed by the LLRC and approved or disapproved by the City Council. The City Council may hold a public hearing. If the continuation of an existing operation is contemplated, the applicant must present a plan that indicates that it will continue the existing operation as established. If there are proposed changes in the operations then the request for transfer of ownership shall be subject to the reviews contained herein.
   (c)   Change of Operation. Any change in existing operations from a full service sit down restaurant that serves alcohol to an establishment that features primarily alcohol would be subject to a new review as outlined in this section.
   (d)   Temporary Daily Permits. For a period ending January 31, 2012, the Chief of Police or the designee of the Chief of Police, in conjunction with a written request of a license to the Liquor Control Commission, may approve temporary daily entertainment permits except as follows:
      (1)   A licensee may not receive more than twelve permits in each calendar year.
      (2)   A licensee may not receive more that four permits per calendar month.
      (3)   The entertainment is limited to monologues and dialogues performed by fully clothed entertainers.
      (4)   Approval of a temporary entertainment permit for monologues and dialogues pursuant to this subsection does not allow other activities such as, but not limited to, the following: topless activity, motion pictures, still slides, closed circuit television, wet t-shirt contests, banana eating contests, other contests, talent shows, lingerie shows and other performances.
      (5)   The licensee must sign an agreement prepared by the City which limits the scope of permitted activity, provides for sanctions if this section or the agreement is violated and holds the City harmless.
(Ord. 2007-20. Passed 10-16-07; Ord. 2010-08. Passed 8-2-10.)
886.07 ANNUAL LICENSE AND PERMIT REVIEW.
   (a)   The City Council will undertake a review of any license or permit for the purpose of making a recommendation to the Michigan Liquor Control Commission regarding renewal of said license or permit. The City Council shall consider whether a licensed establishment has been operated in a manner consistent with the provisions of this chapter and all other applicable laws, and regulations of the City and the State of Michigan.
   (b)   Each year, the City Manager shall cause a review to be made relative to each existing on-premises licensed establishment. The investigation may include, but not be limited to, the following:
      (1)   Licensee shall submit copies of current valid licenses from appropriate county, State or Federal governments to insure authorization to serve food at the establishment.
      (2)   An inspection of the premises to determine whether the licensee is in compliance with the license itself, its approved site plan and if applicable its plan of operation, as well as any conditions imposed by the City or the Michigan Liquor Control Commission or representations made by the licensee at the time of issuance or transfer of the license.
      (3)   An inspection of City records to determine whether all taxes and other monies due the City are timely paid.
      (4)   An inspection of police files or other sources of information to determine whether any activity in connection with the licensed premise is in violation of the law, disturbs the public peace and tranquility, constitutes a nuisance, or contributes to the disruption of the normal activities of those in the neighborhood of the licensed premise.
      (5)   A review of the operation of the licensed establishment to determine whether the business is being operated in compliance with any and all representations that may have been made by the licensee to the City or the City Council.
   (c)   Recommendations from City Departments. Following receipt of a fully completed application, fees, and such other information as may be requested by the City, the City Clerk shall forward the application to the Police Department, Fire Department, Building and Engineering Department, Finance Department, and such other departments as required by the City Manager, which departments shall make their reviews and recommendations prior to consideration by the City Council. In conducting its review, the City may request other pertinent information from the licensee. The completed report shall be reviewed by the LLRC prior to being considered by the City Council.
(Ord. 2007-20. Passed 10-16-07.)
886.08 REVOCATION AND NON-RENEWAL.
   (a)   (1)   Each establishment within the City for which a liquor license or permit is granted shall be operated and maintained in accordance with all applicable laws and regulations of the City of Wayne and the State of Michigan. Upon any violation of this chapter, the City Council may, after notice and hearing, request the Michigan Liquor Control Commission to revoke such license and/or permit.
      (2)   Upon any violation(s) of this chapter, the City will notify the licensee of the specific violation(s) and afford the licensee an opportunity to come into compliance with this chapter. Licensee must reach compliance in that time established by the City Manager, but in no event more than ten days after notification to licensee by City of such violation. Absent compliance within that time established by the City Manager, the City may hold the above mentioned hearing and request that the Michigan Liquor Control Commission not renew and/or revoke such license and/or permit.
   (b)   Before filing any objection to renewal or request for revocation of a license or permit with the Michigan Liquor Control Commission, the City shall serve the licensee with notice and proceed in accordance with this chapter, as may be amended. The City shall serve the licensee by first class mail mailed at least ten days prior to the hearing with notice of hearing, which notice shall contain, the following:
      (1)   Date, time and place of hearing.
      (2)   Notice of the proposed action.
      (3)   Reasons for the proposed action.
      (4)   Names of witnesses known at the time who will testify.
      (5)   A statement that the licensee may present evidence or any testimony that may refute or respond to the claims of adverse witnesses.
      (6)   A statement requiring the licensee to notify the City Attorney's Office at least three days prior to the hearing date if they intend to contest the proposed action, and to provide the names of witnesses known at the time who will testify on their behalf.
   (c)   Upon completion of the hearing, the City Council shall submit to the licensee and the Michigan Liquor Control Commission a written statement of its findings and determination.
(Ord. 2007-20. Passed 10-16-07.)
886.09 CRITERIA FOR NON-RENEWAL OR REVOCATION.
   (a)   The City Council may recommend non-renewal or revocation of a license or permit originally authorized on or after July 1, 2007 to the Liquor Control Commission upon a determination based upon a preponderance of the evidence presented at the hearing that any of the following exists:
      (1)   Failure to comply with all standards, plans or agreements entered into in consideration for the issuance, transfer or continuance of the license or permit, or failure to comply with all agreements or consent judgments entered into subsequent to the issuance of the license or permit.
      (2)   Failure to comply with an approved plan of operation and other plans, specifications, or representations made or submitted to the City by the licensee.
      (3)   Violations of the State liquor laws or regulations of the Liquor Control Commission.
      (4)   Violations of State laws or local ordinances including, but not limited to those laws or ordinances concerning the public health, safety or public welfare.
      (5)   Maintenance of a nuisance upon or in connection with the licensed premises including, but not limited to, any of the following:
         A.   Failure to correct violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes, to include the history thereof;
         B.   A pattern of patron conduct in the neighborhood of the licensed premises, which is a violation of the law and/or disturbs the peace, order and tranquility of the neighborhood; including types of police, fire or medical services related to this operation.
         C.   Failure to maintain the grounds and exterior of the licensed premises, including litter, debris or refuse blowing or being deposited upon adjoining properties;
         D.   Entertainment on the premises or activity in connection with the licensed premises which by its nature causes, creates or contributes to disorder, disobedience to rules, ordinance or laws, or contributes to the disruption of normal activity of those in the neighborhood of the licensed premises.
      (6)   Failure by the licensee to permit the inspection of the licensed premises by the City's agents or employees in connection with the enforcement of this chapter.
      (7)   Failure to pay taxes or make other payments due to the City in a timely manner.
   (b)   The City Council may recommend non-renewal or revocation of a license or permit based upon a preponderance of the evidence presented at the hearing that any of the following exists:
      (1)   Violations of the State liquor laws or regulations of the Liquor Control Commission.
      (2)   Violations of State laws or local ordinances including, but not limited to those laws or ordinances concerning the public health, safety or public welfare.
      (3)   Maintenance of a nuisance upon or in connection with the licensed premises including, but not limited to, any of the following:
         A.   Failure to correct violations of building, electrical, mechanical, plumbing, zoning, health, fire, property maintenance or other applicable regulatory codes, to include the history thereof;
         B.   A pattern of patron conduct in the neighborhood of the licensed premises, which is a violation of the law and/or disturbs the peace, order and tranquility of the neighborhood;
         C.   Failure to maintain the grounds and exterior of the licensed premises, including litter, debris or refuse blowing or being deposited upon adjoining properties;
         D.   Entertainment on the premises or activity in connection with the licensed premises which by its nature causes, creates or contributes to disorder, disobedience to rules, ordinance or laws, or contributes to the disruption of normal activity of those in the neighborhood of the licensed premises.
      (4)   Failure by the licensee to permit the inspection of the licensed premises by the City's agents or employees in connection with the enforcement of this chapter.
      (5)   Failure to pay taxes or make other payments due to the City in a timely manner.
(Ord. 2007-20. Passed 10-16-07.)
886.10 CAPACITY LIMITS.
   The total capacity of each room of a licensed establishment shall be established and determined by the appropriate fire and building safety codes.
(Ord. 2007-20. Passed 10-16-07.)
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